GDPR, References and Confidential Information

The GDPR impacts on the giving of references and supplying confidential information
Employers are advised to write a clear policy on the giving of references. The ICO (Information Commissioner’s Office) has said employers should have a clear policy setting out, which employees are authorised to give references and in what circumstances.

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SRA – new focus on “principles” not “rules”

The SRA is focussing on ‘principles’ and ‘professional judgement’ as opposed to ‘rules’ A principle based system is more uncertain than fixed rules and therefore it is more important to legal practices to have a set of recorded systems and controls in place that are applied consistently across the firm. The rules are clear particularly … Read more

Data Protection and Subject Access Requests

subject access requests - data protection

An increasing number of subject access requests have been made under the Data Protection Act 1998.

Subject access requests are used as tactical ploys as a way of putting pressure on the other side to disclose documents that would not otherwise be disclosable in litigation. Several cases have been

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Notice period for termination of a contract

In the case of Newcastle’s NHS v Haywood (2017) EWCA Civ 153 the question of when does notice of termination of a contract take effect was considered. The best practice is for express provision in a contract of employment to specify when notice will be effective. The alternatives are common law principles that need consideration and the question to be asked is, when does contractual notice take effect on, 1. Posting of a letter 2. Delivery of the letter or 3. Communication of the notice to the employee so they are aware of it?

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